Assumptions of the death penalty as a discretionary punishment for the crime of premeditated murder An analytical reading of the text of Article (234) of the Penal Code Dr. Omar Yahya Kuzaba The Yemeni legislator has determined the penalties that are imposed on those convicted of the crime of premeditated murder pursuant to the text of Article (234) of the Crimes and Penalties Law, which it has listed in the following order:
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Read MoreIntroduction: It is legally established that a check is a payment instrument payable on demand under both Arab and international laws. It possesses certain unique and essential characteristics that distinguish it from other negotiable instruments. It enjoys criminal protection in addition to being subject to specific provisions in commercial law, provisions that lend ease, speed, and trust to negotiable instruments. It has become common among those dealing with checks to use them—beyond their original function—as a payment instrument, leading to the widespread use of the term "guarantee check." A guarantee check may be used to perform both the functions of payment and guarantee. It can function as a guarantee instrument, where its issuance is not intended for its own use in settling a debt, or as a credit instrument, where its purpose is to settle a debt with a fixed term that is not immediately payable. Before discussing its legal nature, we will examine its essence and origins as follows:
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Read MoreThe judge is considered a public employee, but his position is of great importance and its danger lies in the fact that it deals with people's lives and money, which necessitated surrounding the judge with many guarantees, whether from authorities, individuals, or even the general public. Among the most important of these guarantees is the principle of judicial independence, which is considered one of the most important constitutional principles in various systems and constitutions of the world, as it is the basic pillar for the judge to perform his noble task without fear or submission to authority. In this research, we will address the nature of this principle and the basis of its existence, what are the manifestations of the principle of judicial independence, what are the guarantees that ensure its application, what are the consequences of implementing this principle, and what is the position of the Yemeni constitution and law on this principle. Accordingly, this research will consist of one section that includes three requirements, and each requirement branches out into several subsections as follows:
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